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Research on the Problems of Transaction Security in System of Marital Debt

Author: WangLu
Tutor: LiHongXiang
School: Jilin University
Course: Civil and Commercial Law
Keywords: Marital Debt Transaction security Jointly debt Perfection of Legislation
CLC: D923.9
Type: Master's thesis
Year: 2007
Downloads: 359
Quote: 5
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Abstract

The economic prosperity transaction Nikko , the transfer of property occurs frequently in modern economic life and gradually giant scale . Couples, one or both , often become the subject of social exchange , large transactions occurred in the family also have occurred . Husband with his wife and family individually or jointly engaged in the economic activity of production and management , and consumer debt is increasing. This we have to focus on transaction security issues in a couple of foreign economic activity . Comparison and measure the value of interest between the husband and wife debt system couples involved interests and transaction security , pointed out that the system of marital debt with the nature of the identity of law and property law , but for frequent trading today , with its emphasis on matrimonial property the identity of the nature of the law , rather emphasis on the nature of the property law , namely, to protect the security of transactions is more important than the protection of the interests of the husband and wife . The first chapter is transaction security as defined in the marital debt system , discusses the the transaction security meaning and value of the marital debt system ; Chapter II system defects and causes of the current system of marital debt transaction security protection , pointed out that the current couples debt system is still not comprehensive enough , too principled system and in the prescribed manner , the results can not be provided to the third party claims and effectively protect , to the detriment of society as a whole economic order and transaction security , and therefore a need to review and reflect on marital debt system and improve the approach to be the protection of the security of the transactions ; Chapter improve our system of marital debt legislation to promote the security of transactions made ??several suggestions , First , with reference to the foreign legislation , combined with China's actual conditions , precisely defined jointly range of debt and couples personal debt , the establishment of day - to - day family agency system ; clear creditor litigation status as a third party in the divorce proceedings , giving the judges the right to express , to facilitate the creditor 's rights advocate for the timely repayment of debt ; clear the couple to settle the obligation and the rules of procedure , the establishment of property compensation system , balance the interests of the relationship between husband and wife , to better safeguard the safety of transactions involving a third party .

Research on the Problems of Transaction Security in System of Marital Debt

Abstract

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